way it is according to the Mind and Word of God And this now sayd may help also to take off another Objection Obj. 2. Some object That then Heathen Kings as they are Civill Magistrates have right to make Laws about matters of Religion and of the Church although not able to doe it not knowing the Matters of God or of Churches and not Members of the Church and so not censurable by the Church which were to make a King-Pope to give out Laws to the Church and not to be censured by the Church Ans 1. We especially intend the Conclusion of a Magistrate regulated according to the rules of the Word of God whose Minister he is and so the Civill Magistrate is no Heathen or Ignorant of Religion or out of the Church If he be otherwise it is his sin that way See more pag. 48. 2. Although the Civill Magistrate fail in that part of his duty that he knoweth not the Lord who girdeth him with that Princely girdle yet that sin in that particular doth not wholly Is 45. 1. 4. 5. excuse another sin of omission of another duty namely Authoritatively to keep the first second third or fourth Commandement Rulers may be Ignorant of many matters of the second Table and disabled so far from making good coersive Laws about them yet both are sins of omission In both he hath a right essentially and actu primo but in respect to the execution of that Nomothetique right in reference to matters of the first or second Table he hath that power virtually onely 3. Heathen Kings not of the Church and not censurable by the Church may give out Laws to the Churches under their jurisdiction touching matters of Righteousness and Honesty yet that maketh them not King-Popes no more doth the other Nebuchadnezzar might as commendably make a coerfive Law upon civill penalty against the Jewish Church Officers or Members under his jurisdiction as execute any such corporall punishment upon them both for false Doctrines vented by them under pretence of Gods name a sin against the first Table as also for committing Adultery for a Law made that way doth leave the subject more inexcusable and had been no other than a politicall Legislative Sanction of the Laws of God whose Minister considered as a civill Magistrate he was the Lord himself by law having made such sins capitall Deut. 13. 5. Lev. 20. 10. Now that exemplary act of Justice in Nebuchadnezzar upon a member of the Jewish church under his jurisdiction as well for false Doctrine as for Adultery is renowned and a form of Imprecation thence borrowed Ier. 29. 22 23. The Lord make thee like Zedekiah and like Ahab whom the King of Babylon rosted in the fire because they committed adultery with their neighbours wives and have spoken lying words in my name which I commanded them not even I know and am a witness saith the Lord. 4. When Heathen Kings come to know their duty in matters of the first or second Table and accordingly they establish Laws about Religion they doe it not now by any new right when Christians and knowing Christ no more than a Parent becoming Christian and knowing Christ giveth out parentall commands to his children with respect to bodily corrections if they do not such and such Religious duties doth this by any new Parentall right which he had not intrinsically when Pagan The case is alike in those Fathers of the Common-wealth 5. Heathen Kings whilst Heathen may and must make Laws about the matters of God and his Religion so far as their right guiding light extendeth else should they hold the truth of God in unrighteousness now it s certainer that they whilst Heathen have or may have much light so as to see into matters of the true God and of his Religion 1. By the light of Nature Heathens know and have known that there is a God that he is one God that he hath made all men as his Offspring that he is to be worshipped according to his spirituall nature that he is to be called upon that he is not to be blasphemed nor belyed nor called to witness in a false thing that images of him are not to be made that men are not to take his name in vain by rash or false Oaths that some time is to be set apart for his Worship and the like Rom. 2. 14 15. By the work of the Law within their hearts many things contained in the Law may be and have been done 2. The light of Gods Works both of Creation and Providence may help them much this way Rom. 1. 18 19 20. see more Ezek. 36. 23. 36. 38. 16. 39. 21. 28. The notable Providence of God rescuing by his Angel Shadrach Meshach and Abednego from Nebuchadnezzars fury for not worshiping his Idoll of gold made him make that coersive Law mentioned Dan. 3. 28 29. Therefore I make a Decree that whosoever shall speak amiss of the God of Shadrach c. shall he cut in pieces c. 3. They may have some common light of the Spirit that way communicated by means of some of their godly subjects whence such expressions of that Darius mentioned in Ezra 6. 10 12. and no wonder then he make that penall Decree ver 11. Also I have made a Decree that whosoever shall alter this word let timber be pulled down from his house and being set up let him be hanged thereon and let his house be made a Dunghill 4. None will deny to Pagan Princes a right of Authoritative praising and incouragement of such as doe well in regard of duties either of the first or second Table to which also God in speciall wise stirred up the spirit of Cyrus the first Ezra 1. 1 2 3 4. Though he knew not the Lord savingly then Isaiah 45. 4. 44. 28. compared And why shall not Heathen Rulers have a right with like latitude of respect to first or second Table to be a terror to evill doers by making coersive Laws for that end so far at least as their right guided light extendeth yea we have shewed before divers of them are in Scripture commended for this So that the truth hereby is further strengthened thus That which Heathen States Kings and Princes remaining Heathen have done and been commended in Scripture for doing it as Princes or higher Civill powers that must needs be essentiall to them as higher Civill powers and imitable by others in like Civill power but as hath been formerly declared such use of Legislative power by Heathen Higher powers as Higher powers making coercive Decrees in matters of the Religion of the true God hath been commended in Scripture therefore such use of the Civill Legislative power is essentiall even to Heathen Rulers and imitable by all others in like Civill power Obj. 3. God hath left others to Govern and Feed his Church 1 Cor. 12. 28. Eph. 4. 8 11 12 13. who must give an account of their soules And the
doe or hold something against his conscience he would not sin And should he not in such a case rather be left to the liberty of his conscience and of what his conscience doth so dictate This Objection being of some seeming weight for the better clearing the whole take these Conclusions Concl. 1. The highest Rule to which all are in conscience bound is the very Word of God Conscience is to a Christian Regula regulata and not Regula regulans which rather is the word conscience it selfe must be subject to that hence it is made the naturall mans sin that it is otherwise with him Rom. 8. 7. The carnall mind is not subject to the Law of God nor indeed can be Hence is it that God layeth Commands upon Conscience also Mark 12. 30. the whole soule heart and mind of man must love the Lord or is by duty bound in its way to expresse dearest highest respect to him even by its respect to Gods Commandements in its way 1 John 5. 3. This is love that we keep his Commandements Otherwise love simply and strictly considered is not appliable to the whole soule and mind but is an affection of the will onely Now if all the soule minde and heart must doe thus the conscience too which is one faculty thereof Hence the Law is called spirituall as reaching the sins of the Spirit the mind and conscience c. of man also and enjoyning the Spirit its duty as well as the body and outward man Hence that writing of Gods Law in his peoples hearts and minds to be a Soveraigne commanding Law therein Concl. 2. Whatsoever therefore is really contrary to the very Word of God it must needs be sinfull to him that doth it as having the form of sin in it Sin is formally 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the transgression of the Law or Word of God yea albeit the conscience of him who holdeth or practiceth that Anomie in doctrine or life doth thorough errour tell him that it is good and according to the Law or word for no Creature and so not conscience it selfe by its dictates can make that which is formally simply and in its selfe sinfull to be other then sinfull yea albeit a man should come afterwards to see and bewaile his errour and evill yet the sin is still in it selfe and nature a sin although God in Christ will not impute it to penitent beleivers in Christ Hence expiation of old made by blood for such breaches of Gods Commands when yet the party did not think that they had been sins Levit. 5. 17 18. When a soul sinneth and doth in any of those what is forbidden by Gods Commandements though he wist it not yet he is guilty Hence Confession made by penitent Saints of sins as sins which yet they did out of conscience and judgement as duty Acts 26. 9 10 11. I verily thought I ought to doe many things contrary to the Name of Jesus of Nazareth which thing I also did c. And being exceeding mad I persecuted the Saints c. He saith it was really in his heart as duty to him yet confesseth that it was in deed and before God his exceeding madnesse Concl. 3. Each ones conscience therefore is bound to suggest that to be held professed or practiced and that onely which the very written word of God doth really hold forth to be so held professed or practiced and to deter from whatsoever is really contrary to the word and to that onely else conscience doth not expresse its boundlesse respects and love to God which is the first and great Commandement of God Mark 12. 30. Concl. 4. Each Christian is bound to hearken to the voyce of Conscience thus speaking and suggesting the mind of God not alone as that is the word which conscience doth speak but as it is the voyce of conscience so speaking from God Hence it becometh sin if what we doe be not from a good consciences perswasions grounded upon the very Word of God the rule and object of Faith Rom. 14. 23. Whatsoever is not of Faith is sin or that which is not grounded upon the Word which is Faith in the object and suitable perswasion built upon the Word which is Faith in the subject it is sin Concl. 5. Neither Conscience it selfe simply considered nor the directing instigating and perswading acts of conscience in themselves nakedly considered without respect to the Word of God and their conformity thereunto are an immediate rule approved of God for Christians to regulate their apprehensions or actions thereby for to make that such a rule of Gods approving were either 1. To suppose the dictates of Conscience to be infalliable whereas Conscience in unregenerate ones such as Hypocrites are is wholly defiled Their minde and conscience is defiled Tit. 1. 15. And in the Regenerate it is in part corrupted and hath a law of sin in it as well as any other faculty Rom. 7. 14. 23. Paul a Regenerate man saith I am carnall sold under sin his whole soule also as far as yet carnall was sold under sin and the heart taken for the conscience will be shewing it selfe in it selfe wicked and deceitfull in such dictates Jer. 17. 9. What godly person findeth not this guilefull dealing of Conscience it selfe so far as unregenerate that it will be accusing when it should excuse and excusing when it should accuse Whence that of David chiding his soule for such like evills Psal 42. 5. Why art thou cast downe O my soule and why art thou so disquieted within me c. Or 2. This at least were to suppose Conscience to be fallible as what other thing can be supposed of it as in part unregenerate in the best here on earth Now if so then 1 it is to suppose that God should set up to his people a fallible deceitfull rule 2. It is to make God the Author of Confusion in Religion since diverse persons consciences being diversly led become diverse rules yea according to that supposition approved rules of God yea then there are approved contradictory rules in Religion As that no Saints are to be worshipped with Religious worship according to some Christians Consciences who are Protestants and that Saints are to be so worshipped according to other Christians consciences who are popish that the Lords day is of Divine institution according to some and that it is not of Divine institution according to other Christians consciences 3. It is to make God the Author and allower of rules requiring palpable breach of his owne sacred infallible rules as Fornication Heretique-King-killing plurality of Wives living without any proper calling refusall and neglect of publique and private worship of God since the consciences of too many Christians dictate these as meet and lawfull although the word of God speak the contrary 4. It is to make God himselfe to acquit the most horrid blasphemies and heresies and other penaticall enormities in Religions of any guilt supposing they are as too often
5 6 7 8. Tit. 2. and yet in a sense they may not be servants to men whether Family-Masters or State-Rulers namely in way of base servile compliance to mens vain humours to the sinful lusts of their wills or carnal Fancies of their minds if either Masters or Magistrates will forbid what they please and not what God would have them be not the servants of men better obey God then men Act. 4. 18 19 20. yea but when according to the former Conclusions they forbid and punish onely what their Lord and Master and yours also injoyneth them now you shew not a servant-like spirit to your professed Supreme Lord and Master if you submit not Grant such Power once and it is the way to make Christians Object 4 either basely to dissemble or else to do something against their consciences 1. As much might be said against that way which that Answ State took 2 Chron. 15. 12 13. they made this order that whosoever would not seek the Lord should be slain this Asa took courage to do by the prophesying of Oded vers 8. and as a fruit of this the Lord gave them rest round about vers 15. Josiah also he caused his Subjects to serve the Lord their God 2 Chron. 34. 33. this made the subjects either dissemble or sin against their consciences or if Churches assay to cast out blasphemers or trouble-Churches Gal. 5 10 12. 1 Tim. 1. ult they will but cause them either to dissemble or else sin against their consciences 2. According to the former Conclusions the Magistrate restraining and punishing things crosse manifestly crosse to the Word he punisheth onely such things which men out of conscience should avoid and the Magistrate also punishing such transgressours after due means of conviction the persons now punished become sinners against their own consciences and is punishing sin or sinners against conscience a means or cause in it self to make them either to dissemble or else to sin against conscience what more ridiculous The use of such Coercive power is to introduce an external Object 5 compulsion of persons to grace and truth when perswasion is rather to used 1. That godly regulated Rulers they are wont to injoyn the Answ use of all perswasive means to the Saints as the use of the Ministry of the Word amongst their Subjects that none may plead excuse we have had no instructive meanes to draw us on to the wayes of the Lord. So did Jehoshaphat 2 Chron. 17. 7 8 9. after which he sends forth Judges to censure offendors against God or man or both 2 Chron. 19. 5 6. 2. Even before they do actually sentence offendors they use all means of Conviction Conclusion sixth and consequently perswasion is used with such wherefore this maketh nothing against what we plead for 3. If the Objection argue ad idem it stands thus persons may not cannot be outwardly constrained by men to grace and true faith therefore they may not be externally restrained from ungodly practices such as venting of pernicious and blasphemous doctrines quite crosse to the Faith of the Saints the very naming whereof is a sufficient refutation of it This is to make the weapons of our warfare to be carnal and Object 6 not spiritual contrary to that 2 Cor. 10. 4 5. and to make Christs Kingdome of this world We might answer that 2 Cor. 10. speaketh not of the use of civil Power but of Church Apostolical Power and rather implieth Answ that though the weapons of Apostles and Churches considered as Apostolical and Ecclesiastical are of a Spiritual nature yet there are others who have weapons for suppressing of sinne by other means and wayes even by weapons which in some sense may be called carnal namely as contradistinct to Spiritual that is weapons of an external and corporal nature such as men make use of to exercise or establish their political jurisdiction over others But the answer is easie First if this argument be of force against Magistratical power in punishing open sins of the outward man against the first Table it is of like force against their punishing of such sins against the second Table Christs Kingdome being not of this world in way of punishing the sins of the one more then the other and Apostles and Churches having power from Christ by spiritual weapons to avenge all disobedience whether against first or second Table 2 Cor. 10. 6. 1 Cor. 5. 12. 3. 4 5. It would follow that Magistratical weapons must be used against neither sort of sins Secondly when Christ himself did use carnal instruments to curb and convert those Temple abuses and corruptions in Religion John 2. 13 14 15 16 17. yet did he not cross himself in his speech John 18. 36. My Kingdom is not of this world nor did he cross this in 2 Cor. 10. 4. which he spake by Paul Thirdly though Jesus Christs Kingdome of which he spake to Pilate before whom he was accused of assertation of a Caesarian kingdome and dominion John 19. 12. were no such kingdome nor he any such terrestrial Monarch yet that hindreth not but that both as God he ruleth over all Nations and as God-man all power is committed to him Matth. 28. And he is King of earthly kings and Lord of lords Revel 19. He by and from whom the Princes doe rule yea All the Judges of the earth yea by whom it is that such Princes do decree Justice even any just Lawes against open sins acted by the outward man against God or man first or second Table or any just censures against the same for so saith Proverbs 8. 15 16. By me Princes Decree justice that which giveth every Subject his due incouragement or punishment Yea he who taketh to himself his Kingdome in special form when the kingdoms of the earth become his or are subservient to him in establishing and vindicating his Royal Lawes and Institutions so far as they come under their view Rev. 11. 15. 17. compared This is a way to let in false Religions and corruptions in worship since Rulers may seek to restrain and punish all purity of Doctrine and worship and to constrain Christians to the contrary as do Popish Rulers and the like If the Objectors argue ad Idem they argue thus that to restrain Answ and punish grosser corruptions in Doctrine and worship is a way to bring in corruptions in Doctrine and worship And will not any blush to argue thus The exercise of such coercive power in matters of Religion Object 8 is the way to bring in persecution for Christs cause and for a good Conscience sake The limiting of civil peace as of dutie only to punish things manifestly crosse to the Word and that after due means used Answ 1 of information and conviction is rather to lay the bonds of God upon them to restrain them from persecuting the Saints for a good cause or conscience If accidentally any enemies to Pietie or Truth will take occasion thence to pervert and
17. and that way rather to have encouragement from Pagan Rulers would be to comply with them in the wayes of their prophanenesse and heathenish outrages and abominations which God forbid 2. As the Civil Powers in or with Christians are ordered of God for there is no power saith Paul but is of God meaning especially civil power Rom. 13. 1. and as every soul by vertue of that word is also to be subject in all lawful things to Higher Powers amongst Christians and exercised by Christians so Anabaptists themselves will acknowledge that Rom. 13. 4. taketh in the Christian Magistrate as bearing Gods Sword and being Gods Minister for Civil vengeance against evil doers against the rules of the second Table and so the case is yeelded by them that the place in Romans 13. looketh at the Christian Magistrae also 3. Those Rulers to whom what is here spoken touching their Magistratical work doth best agree and by whom it is best performed they must be here principally intended by the Lord but to the godly Christian Magistrate the Magistratical work here mentioned doth best agree and by him is it best performed therefore the godly and Christian Magistrate is here principally intended As for instance Rulers are not a terrour to good works but to evil who maketh more conscience of this order of the Lord the highest Ruler then the Christian godly Magistrate who is wont else to fulfill that so fully and faithfully unto the Christian and godly Subject if thou do that which is good thou shalt have praise of the same who is actually and effectually the Minister of God for thy good the Best good as well as other Inferiour good of the Subject so properly as the Christian godly Magistrate Who maketh conscience but he to come up fully and regularly to that also vers 4. he is the Minister of God the Avenger to execute wrath upon him that doth evil A second Answer to the Objection from Esay 11. is That Answ 2 the just execution of offendors by the Civil Magistrate is not doing of hurt to any but a meanes in it self of good yea as to others who hear and fear and learn to do no more so wickedly so sometimes is it sanctified of God to the good of the delinquents themselves who are corporally punished by them as some in the dayes of the Gospel who shall be punished by their Christian Rulers shall acknowledge it to Gods praise Thus was I wounded in the house of my friends Zech. 13. 6. This is crosse to that Rule Judge nothing before the time Object 11 1 Cor. 4 4. It is spoken in opposition to rash censuring of others according Answ to that Matth. 7. 1. Judge not that ye be not judged but Paul never intended that no matters of a sacred or civil nature should ever be judged of by such as were called thereto of God but all left unmedled with to the Judgment day for 1 Cor. 5. 4. he chargeth in Church matters that the Church proceed to censure the incestuous person and 1 Cor. 6. 1 2 3 4 5. he would have some of the Saints to be chosen by them to judge in their civil matters amongst themselves the rather because the Saints shall as Assessours judge the world at the last day A second Instruction from the premises is that surely then persons in Civil Authority are in duty bound even as they are persons in civil Authority under God and Christ as they are Ministers of God to indeavour the exact knowledge of his Law Word and Rules as other under-Rulers are to know the Lawes of their Soveraign for if they must restrain and punish what is crosse to those Rules they ought to know the Rules else how should they know what is crosse to the Rules of the Word or before they punish the same how will they be able to use such means of conviction of offendors against those Rules as God requireth God put this principle into the heart even of Artaxerxes that such as knew the Lawes of God should be set in Authority to punish such as did contrary to the Law of God Ezra 7. 25 26 27 28. compared God by Jethro counselled that Rulers should be men of Ability even in Scripture as well as other Lawes and learning Exod. 18. 21. and Deut. 1. 13. compared the book of the Law was ever to be with the Rulers set over Gods people Deut. 17. 18. Josh 1. 7 8. Esay 32. 1 2. 33. 6. wisdom and knowledge in such as rule is the stability of their times It is Gods Ordinance to Gentile Rulers that they should be wise and instructed even in the things wayes and words of God Psal 2. 10 11. Pagan Rulers indeed whilest Pagan do not know the Word and so cannot so well punish what is crosse to it but of right and duty they are bound to know both A third Instruction hence is that if such corruptions in Religion are to be so restrained and punished by highest Civil Authority then are highest Civil Authority which chiefly require such punishment to be executed to make Coercive Lawes about matters of Religion For if so to punish then in an ordinary way to do it either by vertue of some political Law established and promulged for that end and then the case is granted or else without such a Law and then way is made to bring in Arbitrary and tyrannical Government Yea when a Civil State doth agree in such or such matters of God to be guided by the Word of God and necessary deductions thence what punishments to inflict upon such or such corruptions in Religion Now that which is materially considered the Law and Word of God yet formally considered as thus politically ratified and promulged It is so far forth of the nature of a political law and doth but strengthen this Conclusion That what a Civil State must punish they must make political Lawes for that end in that extraordinary case Moses without a law must punish that blasphemer Leviticus 24. 11 12 13 14. but in reference to ordinary execution of Justice that way for the future God biddeth Moses to promulge a solemn Law in Israel that whosoever blasphemeth the name of the Lord shall surely be put to death vers 15 16. Touching this particular 1. we distinguish of Civil Magistrates 1. Civil Magistrates are considered either Indefinitely or in a limited sense Indefinitely considered they are the Ordinance of God the Civil Powers that be are ordained of God there is no power but of God Rom. 13. 1. yea they are of Christ under whom they rule and by whom they decree whatsoever Justice they do decree Prov. 8. 15 16. by me who that is is explained vers 30. then I was by him and I was daily his delight and vers 31. Rejoycing in the habitable part of his earth c. by this essential wisdom of God Princes decree Justice whether just Lawes against evil doers or just censures according to those
Magistrates ordinate Power extendeth to deal about both onely in a different manner 4 Disputable matters in Religion are either such which are so really and in themselves or so onely Imaginarily and meerly from Humane defects and corruptions as when not so to the most and best Judgements of the ablest Saints and servants of God but to some few and that either through weakness of Judgement or through sophisticall argumentations of men of corrupt minds or through gross neglects and contempts of means of Instruction these allso admit of severall Considerations in Politicall times about matters of Religion Secondly Concerning such Laws about Religion formally considered we distinguish They are either such which are made of equall Authority with the Word and such which of and in themselves doe bind Conscience which Popish Tenent we abhor or they are such which are no other but humane Civill Sanctions and Ratifications and Promulgations of Divine Laws commanding or forbidding what the Law or Word of God either expresly or by just consequence commandeth or forbiddeth so far as openly acted by the outward man with suitable humane rewards or punishments annexed binding Conscience onely so far as the Word it self allowing the Authority and the Laws likewise made by the Authority bindeth the same This we assert Again Humane Laws this way are either such as being made by Civill Authority yet are supposed to come from some Church power residing in the sayd Authority and so to be by virtue of that Civill Authority Properly and Formally Ecclesiasticall Laws which we deny Or such which are materially and Objectively Ecclesiasticall Laws that is politicall humane Sanctions of Gods Rules and Laws respecting the Church also and Church Ordinances which we assert And now having layd down these distinctions let us come to some Conclusions about this weighty matter 1. Negatively Concl. 1. Highest Civil Authority may not impose what form of Worship or of Church Discipline they please as Erastus and some others since him affirm For both the Matter of the Worship of God and the Means of Worship whether Church Discipline or any other Means are limited by our own Law-giver to such and such Rules and Laws made to hand and not left to any humane power to make it way Neither may any humane powers which are his Ministers transgress the Laws of this their Supreme either by adding thereto any Law of their own or taking there-from they may and must in their way â—â—d place look to the due execution of his Laws but foist in no new Law of their own in things of his Worship Hence that Injunction given to Joshuah as Judge and Ruler Joshuah 1. 7 8. Observe to doe according to all the Law which Moses my servant commanded thee He is therefore to look to the keeping of both Tables commanded of God by Moses but must not turn from it to the right hand or to the left So gentle Princes must first be instructed even in the Laws and mind of Christ and then serve him as their Lord Psal 2. 10 11. God rooted out Jeroboam for this and Israel for following such like Commandements Hos 5. 11. and brandeth such Ordinances in such matters which are not according to his Word but mans device and will to be Will-worship Col. 2. Concl. 2. Civill Authority may not impose either what circumstantials or significant Ceremonies in Religion they please such significant Washings injoyned are forbidden Mat. 15. 2. 7. 9. God left not them of old either in matter of a very Curtain or the like in the Tabernacle or in the matter of any significant Ceremony to their own wits but if he thought meet of teaching them any such way he himself told them thereof and required it of them as in those significant Ceremonies at the Passeover at first of eating it with their loyns girt with staves in their hand and shooes on their feet to note their hasty coming out of Egypt Exod. 12. 11. And in that of the Plates for a covering of the Altar made of those rebellious ones Censers to signifie that none not of Aarons house might ever after that dare to offer Incense Numb 16. 38 40. And of like significancy was Aarons Rod that budded Numb 17. 10. Concl. 3. Highest Civill Authority hath no power formally Ecclesiasticall to make Church Laws so called under pain of Excommunication to be by virtue of their Authority executed by Ecclesiasticall persons as those who should in their names summon examine and censure such as will not actually conform to such orders This confusion of Civill and Church-power and tyrannicall abuse of Civill Authority will bring confusions upon States which against all admonitions of Gods faithfull servants persist therein as it did to Jeroboam and his house and all the rest of Israels Princes which went in his footsteps Zach. 11. 14 15. 13. 4. 9. 12. 20. Concl. 4. No Civill Authority can by their Laws free any of their subjects either from Ecclesiastical duties to the Church as Members thereof or from Church censures nay they cannot by any such Law exempt themselves if Church members from any such Church duty or censure much less can they exempt others those just duties and censures being authorized by the Soveraign Authority of Christ as King and Law-giver of his Church and laying that bond upon Conscience which no humane no nor Angelicall power can unloose though they should assay it Christ requiring Peter and John to preach him to the people the Jewish Rulers forbid them it is not right in Gods sight themselves being Judges that man should be obeyed rather than God Acts 4. 18 19 20. This Christ condemned of old in them that by their Injunctions would invalidate the Commandements of God Mat. 7. 9 10 11 12 13. Concl. 5. Highest Civill Authority cannot make any Laws about Religion which do formally and as they are humane Laws bind their subjects Consciences For first neither men nor any Laws of men can loose Conscience from any guilt upon it and therefore neither can they by any power of theirs bind it under guilt For eâ—usdem est ligans solvens Who can forgive sins but God onely Mat. 9. 6. Who can ease the heart of its burthens or from its yoaks but Christ onely Math. 11. 28. Who can open that door but Christ alone who can shut it and when he shutteth it no man can open Rev. 2. 7. Church Officers with their Churches may indeed bind and loose in earth remit or retain sins ministerially and declaratively but not effectually and regally Mat. 18. 18. John 20. 23. 2. Because men cannot take cognizance of the obedience or disobedience of Conscience it self within it self to their Laws nor can any humane testimony from without be produced how Conscience doth carry it in its internall acts God and Christ onely know and try the heart Jer. 17. 10. Revel 2. 23. No man knoweth what is in man but the spirit of man 1 Cor. 2. 11. 3.
Because man cannot force either the mind or heart wherein Conscience partaketh either to think judge or chuse after their mindes or Laws other than what themselves chuse though they may force the outward man Nebuchadnezar doth his pleasure with their bodies in Dan. 3. yet ver 17 18. they will not serve his Gods 4. Because men cannot reward Conscience with any reward suitable to it as inward peace or comfort c. in case of obedience to their Laws God alone giveth soul-comfort 2 Cor. 1. 3. 5. Because men cannot punish the soul and spirit thought it should disobey their commands they can onely kill the body but not hurt the soul Mat. 10. 28. 6. Because if mens Laws of themselves bound Conscience then at the day of Judgement men should not be judged onely according to the Word and Laws of God and Christ as is affirmed Rom. 2. 14 15. John 12. 48. but according to mans Laws also 7. Because it is possible that mens Laws though supposed to be according to the Word yet they may not really be so Now if mens Laws did formally bind Conscience then men should stand Conscience bound sometimes to transgress the rules of Gods Word by virtue whereof alone all mans Laws do bind True it is that Rom. 11. 3. Subjects are to obey Authority for conscience sake but not as out of Conscience to mans Laws as humane but by virtue of the fifth Commandement requiring honour of subjection to their Superiors lawfull Authority and commands and by virtue of any such particular Scriptures upon which any particular Laws of Churches are grounded Now let us lay down some positive Conclusions about this Nomothetique power Concl. 1. First then in the general we affirm That highest Civil Authority in a Religious State may make Political Laws properly such about matters of Religion and matters respecting the Churches of Christ R. 1. Because supreme Political or Civil power of Authoritative keeping the first as well as the second Table is the Civill Rulers both duty and privilege But Nomothetique power about both Tables is such supreme power And hence the King and Judge in Israel is charged with keeping the whole Law of Moses Deut. 17 19. 1 Kings 2. 3. Josh 1. 7 8. Hence that Coronation Ceremony of delivering the Book of God into the Kings hand when to be installed in his Throne 2 Chron. 23. 11. Hence 2 Chron. 13. 10 11. For we even King Abijam and the rest of his Princes and others keep the charge of the Lord our God but you have forsaken him Why did Abijah minister to the Lord in burning Incense c. No he expresly saith the Priests did it How did he and the rest of the Civil State keep the charge of the Lord Surely in a way opposite to Jeroboam and the Israelite states forsaking the same as the opposition of the one to the other in the Context sheweth now this was by Authoritative commanding the setting up of corrupt Priests and injoyning the corrupt Worship and Service and inhibiting deposing and banishing the fruitfull Ministers of Gods appointing 2 Chron. 13. 9. and chap. 11. 14 15. Hos 5. 1 2. 11. compared Abija's keeping then with his Princes that charge of God was by a contrary Improvement of his Authority in establishing the matters of God and of the Church and of the Ministry thereof and the Ebrew text is Emphaticall VVe have kept 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the keeping of the Lord our God God required the highest Ruler to look to it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that he keep all the words of this Law King Abijah saith we have kept the keeping of the Lord our God or the keeping of Gods Laws injoyned us by the Lord our God Now Nomothetique power in matters of the first as well as the second Table is supreme Politicall power in keeping of both Tables Ergo Nomothetique power in matters of both Tables is the Civill Rulers dignity and duty why else is the Law-giving power Indefinitely considered respecting matters of Religion or righteousness annexed by God to the Scepter or highest Civill power in a State of his own appointment Gen. 49. 10. Papists indeed generally give Nomothetique power in matters of the Church and of Religion to the Pope as the head of the Church and no wonder in that they give him Supremacy above highest Civill Rulers as Emperors or Princes other Papists give that Legislative power to the Church Representative in Synods and no wonder in that they exempt the Clergy from the secular Arm unless first degraded and delivered to them by the Pope but we that know that Church Officers and Members as that of Rome was must be subject to higher powers and that for conscience sake to the Lord who hath so Marshall'd as the Greek word beareth it them and us making them as Laws in an Army to lead us the way and according to this great Generall of the fields order Politically to choose out our way for us Job 29. 25. Rom. 13. 12. we may have learnt better things We know that when God commended his Laws about Religion at first to his People allthough he had Aaron the High Priest as well as Moses the highest Magistrate before him yet Aaron must not promulge those Laws and give them in charge Autoritatively to be kept or else in such and such cases to be corporally punished but Moses the Magistrate is chosen to be the man Manifestly shewing thereby that the care of Civill Injoyning and ordering the matters of God formerly injoyned by himself is committed by God to the chief Magistrate and to no other when Moses was dead and Aaron both God took the like course he layeth not the charge of highest Politicall keeping both tables even all his Law upon Eleazar the high Priest or upon the rest of his Bretheren with him but upon Ioshua the chief Judge and Civill Ruler Iosh 1. 7 8. R. 2. If Highest Civill power may and must root out all abusive practise yea Monuments of Religion then may they make Edicts decrees to that end with reference to Civill punishments of such as maintain or uphold them But the former is true therefore the later The proposition is evident since the Politicall Humane Law must Politically legally give force Authority to such proceedings and leave the Actors and Abettors the more inexcusable The Assumption is evident by the rule of Gods proceeding in Church-Reformations Esay 1. 25. God saith there to the Church I will partly purge away thy dross and take away all thy Tin even all Church corruptions and corrupt mixtures in Religion what course will God take for this end he saith verse 26. I will restore thy Judges as at the first and thy Counsellors as at the begining after that c. they should be then such as their first Judges were Moses Ioshua c. who were zealous that way Exod. 32. Numb 22 and such like as their first Sanhedrin of 70 Elders
Numb 11. what such Godly Rulers do God saith he doth I will take away all thy Tin 3. R. If Highest Civill Authority ought to repeal persecuting Laws respecting Religion and so free their Subjects from being any more liable to punishment in neglect thereof then may they make Laws in matters of Religion But the former is true Ergo the latter The consequence of the proposition appeareth in that it must be one and the same power to make Laws about Religion or the Church as to unmake Laws about the same or to repeal them nor can a Law be legally or regularly repealed but by a Law of Equall Authority with the Former the Assumption we have all cause thankfully to acknowledge to Gods praise in the Laws of Edward the sixt of Q. Elizabeth and of this present Parliament of England besides those of other godly Reforming States 4. R. If Civill Authority may make Laws about Religion and the Church to incourage or reward the same with Civill favours who shall observe the same then may they make Coercive Laws with reference to Civill punishments to such as transgress the same but the former is true Ergo the consequence appeareth in that it is the work of the same civill power to render praise to Publique commanded weldoing to be in a like Authorative way a terror to evill doers Rom. 13. 3. 4. the Assumption none will deny if they would It s Scripture proof witness the example of Darius the Mede Dan. 6. 26. 5. of Cyrus the first Ezera 1. 1. 2. 3. 4. 5. so of that other Darius Ezra 6. and Artaxerses Ezra 7. 5. R. If Civill Authority may not make such Lawes with reference to Civill punishments or rewards to ratefie what the Lord that way Injoyneth or forbideth in Religion it is because therein they either usurp Church-power or transgress some rule of God but they do neither thereby Ergo the Assumption is proved thus they usurp not Church-power therein because what ever the Church may do in a Church way is not now the question but to be sure the Church can make nothing like a Law in any Civill and Politicall way or with reference to Civill rewards or punishments and what rule of God they transgress is yet to be instanced in 6. R. Bcause if not alone particular Ministers but a very Synod and Assembly of the Officers of the Churches in a Religious State who in an ordinary and oderly way are to guide and lead the godly Civil Rulers and Ecclesiastically to determin what is the mind of God touching matters of Religion about which their Rulers are to make Laws if such an Assembly I say should be corrupt in the Major part of it who must Authoratatively reduce them into order not an Universall Bishop as the Pope nor an ecumenicall Counsell which is scarce Imaginable to be said now adaies Nor the Minor part of the Church Officers there met or of their Churches to whom they do belong The Minor part being in Foro externo humane the weaker and lesser force and weight and since in a Church-way they cannot do it by way of other force they must not assay it They may not use the temporall sword as they are either Churches or as Ecclesiasticall Synods Math. 26. 53. now the Civill Magistrate or none upon Earth in an orderly way must help and if the Civill Magistrate legally help and regularly then by Virtue of some State-Law provided for that purpose Yea if such a Synod should in the Major part of them make decrees flatly cross to the word of God they must make Civill Laws to make them null if not one or two but an Assembly of the Nurses of the Churches children should combine together to prison them as a very Kennell of Wolves or a company of Foxes Agree to destroy the Lambs of the Flock these Politicall Nurse-fathers Esay 25. 12. And Shepheards Mich. 7. 5. must help against such mischiefes seasonably and provide to restrain the same by holsom Laws Edicts and the like and suitable punishments executed Object Yea but Civill Authority may be Corrupt Ans True saith Reverend Mr. Beaza lib. de haereticis Magistratu puniendis For the Churches suffering for sins provoking to that Judgement and for triall for such as are godly but in the mean space saith he For fear of Tiranny to spoil the Magistrate of one Chief part of his Jurisdiction and leaving the Ordinary Remedy to look for an extraordinary one is not good with divers other passages to like purpose R. 7. Because the rule of Relates requireth that those to whom we are Politically subject as to the highest Civill power do in like sort as we are subject to them give forth Laws for our Spirituall and Ecclesiasticall good or restraint of the contrary evill as under a Civll respect and coming under their Cognizance but to highest Civill Authority are all sorts Churches Members or Officers of Churches c. even every soul to be subject in a Politicall way Therefore in the like Politicall way may they make such Laws for the Spirituall and Ecclesiasticall good of Churches and of their Officers and Members and for the restraint of the contrary evills both propositions are grounded upon Rom. 13. 1 2 3 4. Let us now briefly Answer what some may object against this Conclusion Obj. 1. We have one Law-giver in the matters of God and the Church and therefore not so many as highest Civill Courts to give us Laws that way Ans True we have one onely Law-giver who is Absolute Supreme and Infallable which alone giveth us forth Laws in matters of God or the Church Nor may any other give forth other Laws that way for substance then what he first delivereth to them Yet this hindreth not but this onely Law-giver having delivered his royall mind and will therein that other Politicall Ministers of his and whom he substituteth under him to look to it that these Laws be executed should yea and ought in their Politicall way to ratefie and promulge these Laws of their Soveraign and ours and improve their utmost power Politically to incourage such as shall Externally at lest observe the same or discourage such as shall openly and obstinately transgress the same Civill Magistrates are Earthly Gods under the God of Heaven and Earth Psal 82. and are according to God to improve all their power for God and against open scandalous sinners against him And one chief part of their power being Legislative power they are in their Politicall way to improve that power for God as well as to put forth their remunarative or vindicative power actually for God in matters of God or man of Religion or Righteousness of the first or second Table both Tables being committed to their keeping as their Politicall charge 2. God onely gave Laws to his Church in matters of God of old and was the onely Law-giver yet alowed the name of Lawgiver even in respect of Religion also to Moses
the highest Magistrate Num. 21. 18. Object True you will say he was immediately inspired by God that way and so are not others Ans Yea but this proveth that Gods being the onely Law-giver to his Church it hindreth not but that the Civill Magistrate under him and from him may and must promulge his Laws and that under penallties of Civill punishment For God inspired no other powers of old than highest Civill power to do that work Secondly though God were the onely Law-giver in matters of Religion and of the Church yet that hindreth not but that he allowed others in highest Civill Authority to make Laws and Orders and Edicts respecting Religion and that under penallty of Civill punishment Honor that Order solemnly made and ingaged unto by Asah and that Generall Assembly of the Heads and Members of that Kingdom that whosoever would not seek the Lord God of Israel should be put to death 2 Cron. 15. 13. Yet were not these immedtately inspired as was Moses Ioash also gave forth royal Edicts and made Proclamction of it concerning collections to be made for the house of God Politically ratifying and promulging a Law of Moses in substance Exod. 30. 13 14 15 16. And 2 Cron. 24. 4 5 6 7 8 9. c. Albeit David might from immediate Inspiration from God or direction from some Inspired Prophet make those Decrees and Orders about Church matters matters of Gods Worship of the Ministery of Discipline and the like mentioned 1 Chron. 16. 4 5 6 7 c. and chapter 23. 24. 24. 2. Yet Hezekiah who added his politicall Sanction to those orders he was not so inspired 2 Chron. 29. 25. God made a Law about Ministers maintainance by Tyths and the like But Hezekiah also addeth his Civill Sanction thereto 2 Chron. 31. 4. and causeth his Edict to be spread or published or promulged ver 5. The like Magistraticall power did Nehemiah put forth in making Orders about Ministers Maintainance Neh. 13. 13. and about the Sanctification of the Sabbath threatning Civill punishment to the transgressors thereof ver 19. I commanded to shut the gates and charged that they should not be opened till after the Sabbath and ver 21. he threatens to lay hands on them that shall persist to prophane the Sabbath and ver 22. he chargeth the Levites to look to the sanctification of the Sabbath and to make it appear that though God had made a Law about Sanctification of the Sabbath yet he as a chief Civill Ruler did but his duty in making Politicall Orders about the same he pleadeth with God ver 22. Remember me O my God for this It was a Politicall Order and Decree which the State of Niniveh made for that penitentiall Fasting and seeking of God Jonah 3. 7. The King caused it to be proclamed and published throughout Niniveh by the Decree of the King and his Nobles saying let neither man nor beast tast any thing let man and beast put on sackcloth and cry mightily unto God let them every one turn from his evill way c. And how well God took this see ver 10. For hereupon he repented him of the evill that he had said c. The like politicall Injunction of Fasting and Prayer by good King Jehoshaphat 2 Chron 20. And the like politicall Act in matters of Religion see in the State of Judah in Hezekiahs time who having first called a Councill of State about it 2 Chron. 32. 2. afterward they ver 5. established a Decree to make proclamation through all Israel that they should come to keep the Passeover at Ierusalem though upon just reason given ver 2. 3. it were not the very same moneth appointed in the Law of God and how acceptably God took this the sequell shewed Mordecai also having by Queen Easters means been advanced to highest Authority under Ahashuerus he maketh a solemn Law and standing Decree about solemn yearly dayes and exercises of the duties of Thanksgiving to be observed by all the Jews Est 9. 30 31 32. and he sent letters unto all the Iews c. to confirm those dayes of Purim in the times appointed according as Mordecai the Iew and Ester the Queen had injoyned them c. of which see more ver 21 22 23. and is commended for it Est 10. 3. It was a Law a coersive Law about matters of Religion under Civill penalties to those that transgressed it which Artaxerxes made Ezr. 7. 26. Whosoever will not do the Law of thy God which all know commands matters of Religion as well as Righteousness and the Law of the King respecting it commanded by God in reference to his house the Temple and Worship of it c. mentioned ver 23. let judgement be speedily executed upon him whether it be to death or to banishment or to confiscation of goods or to imprisonment And lest any should say that he did this of his own head ver 27. It s thankfully acknowledged to be of God Blessed be the Lord God of our fathers which hath put such a thing as this into the heart of the King to beautifie the house of the Lord which is at Jerusalem Darius also maketh a politicall Decree respecting Religion professed and practised by his subjects the Jews and that under penalty of Civill punishment to such as shall any way alter his Decree Ezr. 6. 11. compared with ver 8 9 10. this is recorded in his commendations That was a politicall Order and Decree made by that other Darius the Mede for which he is commended in Dan. 6. 23. It is about matters of Religion I make a Decree that in eveery dominion of my Kingdom men tremble and fear before the God of Daniel That was a coersive Decree about matters of Religion which Nebuchadnezzar made under the penalty of Civill punishment and he is commended for it Dan. 3. 28 29. Blessed be the God of Shadrach Meshach and Abednego who hath sent his Angell and delivered his servants that trusted in him c. And therefore I make a Decree that every People Nation and Language which speak any thing amiss against the God of Shadrach Meshach and Abednego shall be cut in pieces and their houses be made a dunghill because there is no other God that can deliver after this sort So that the Conclusion is but further strengthened by this Argument That which the Lord himself hath either put higher Civill powers upon or hath owned or commended either in such as were within or without the Church in so doing that must needs be according unto the Mind and Word of God But the exercise of Legislative power by higher Civil powers about matters of Religion yea and that in a coersive way and under Civill penalties is that which God hath put into the hearts of such higher powers or hath owned and commended in them as the Instances before do declare therefore the use of Legislative power by Civill power about matters of Religion yea in a coersive
Civill Magistrate is not among those Officers which Christ hath left to edifie his Church nor is he a Preacher or Expositor of the Scriptures What should the Civill Magistrate doe governing them or seeking to edifie them or expound Scriptures to them by such Law-making in matters of Religion or of the Church Ans 1. Church Governours are in an Ecclesiasticall way to watch over and censure Church members for matters of the second Table as well as those of the first Table and by this Argument therefore Civill Rulers may not watch over govern and censure Church Members in matters of the second Table neither because there are others by Office to doe it Ecclesiastically and he is not reckoned among them 2. Civill Magistrates as well as Church Officers are Rulers Elders Watchmen Shepheards over Gods people and flock and therefore in a Politicall way are to rule over watch over yea to feed the people of God and to hold forth the same by their wholsom Laws and Executions in matters respecting both Tables 3. The Magistrates end being matters of Piety as well as Honesty 1 Tim. 2. 1 2. And he being a Minister of God even to Gentile Churches Officers and Members for their good and so most of all for their best Spiritual good as externally held forth helped exercised or expressed Rom. 13. 4. and being charged with the things of God and the Church 2 Chron. 13. 10 11. he is in his politicall way to attend his charge to look to the externall fulfilling of it at least yea in so far is he charged as a politicall Father and Shepheard with his incharged or Christian subjects as his politicall children and flock commited to him Ezek. 34. 9 10. I will require my sheep at the Shepheards hands the Princes as well as the Priests hence the sins of Church Members in Church matters are charged upon their Civill Rulers as their sins when the people neglect their Ministers Nehemiah 13. 10. he chid the Rulers ver 11. saying why is the house of God forsaken when there was such buying and selling upon the Sabbath ver 15 16. Nehemiah saith ver 17. Then I contended with the Nobles of Judah and said unto them what evill thing is this that ye do and prophane the Sabbath 4. Their Laws are not Ecclesiasticall expositions of Scripture but the mind of God in the Scriptures being in ordinary and orderly way first sought and had from the body of the ablest and best guides and lights in the Churches in their Jurisdiction conclusively declaring the Law and rule of God touching the question their Laws about matters of Religion are Civill Sanctions under Civill rewards or punishments of such Laws of God so declared and commended to them And by the execution of such Politicall Laws others may and should be edified honour and fear and learn to do no more so wickedly Deut. 13. 10 11. Some delinquents themselves even some false teachers shall acknowledge as much thus was I wounded in the house of my friends Zac. 13. 4 5 6. 4. Object The Church hath sufficient power to attain her ends within her self what need Civill coercive power in matters of the Church Ans 1. The Church hath that power in matters also of the second Table sufficient to attain its ends offending Members therein yet none will therefore make Civill coercive power in such matters needless 2. The State as well as Church is injured by witchcraft by perjury by schism and other sins against the first Table and notwithstanding the Churches power Ecclesiastically to attain her ends the State must have its defensiue and vindicative power Politically to attain its ends too the good of safety and peace of the Subjects and so both perfect within their own Spears 3. When the Church hath gone to her utmost extent of power in casting out Blasphemers Seducers Perjured persons Scismaticks c. yet they may do more hurt in Church and Common-wealth than before unless Civill coercive power help The Church may attain her ends in an Ecclesiastiall way and yet the Civill State not hindred of attaining its ends in a Politicall way but both polities be reciprocally helpfull to each other The Civill polity ratifying the Churches cases by Civill Laws and punishments the Ecclesiasticall polity lending help to State and Common-wealth cases by declaring the Laws and rules of God and by reasonable administration of Church censures upon her delinquent Members Conc. 2. That in matters of Religion which are doubtfull and not so directly plainly and expresly laid down in the word Civill Authority in purer times of the Church must call for the Counsell of the Churches at least of the Officers of the Churches under their Jurisdiction who are most faithfull and able to give Counsell therein and they are bound in conscience to follow what they according to God do clear up to be his mind in all such matters of weight about which they do inquire not alone as that which such a Synod or Assembly of Church Officers do determine that way is for the matter of it according to God but as it is given in the way of an Ordinance Namely of the Counsell of a Synod of the Officers and Ministers of the Churches whereof they as regulated Magistrates are Members Whose Counsells unto them are Ecclesiastically Authoritative Counsells And herein also Godly Rulers do lick the dust of the Churches feet in attending faithfully to the well grounded Counsells of their Pastors not alone distributively given in their respective Churches but collectively also when joyntly delivered in a Synod Herein also Church power Ministreth help to the Common-wealth Ecclesiastically as the Common-wealth administreth help to the Churches Civilly in exerting its Politicall power in framing Civill Laws answerably to their Counsells Deut. 18. to 13. The Counsell and sentence of the Priest or Councill and Assembly of Priests delivering the mind of God in doubtfull matters was to be required and followed Joshua the chief Magistrate must stand before Eleazar the Priest who should ask Counsell after the Judgement of Urim and according to his word from the Lord they were to go out and in Num. 27. 21. Hence Iehoshaphat according to that Law for that end Deu. 17. 89 10. Placeth at Ierusalem some of the Priests and Levites and chief Fathers of Israel to be for the Judgement of the Lord and for controversie not meerly in point of doubtfull actions as between blood and blood 2 Cron. 19. 10. But in point of doubtfull rules according to which Civill decreees and sentences also were to be regulated causes between Law and Commandement Statutes and Judgements Onely that Councill is limited to Gods word they must still warn them that none Trespass against the Lord. True it is something peculiarly Jewish was in this whence that Law of Capitall punishment to such as presumptuously disobeyed their sentence Deut. 17. 12. But there is something also for our learning and instruction held forth therein not alone
respecting Christ our blessed Prophet and high Priest and Counsellor Esay 9. 6. Which Prophet whosoever shall not hear shall be destroyed from his People Acts 3. 22 23. But respecting the Ministers of the Churches of the Gospel from whom the mind and sentence of God in controversall cases is to be sought by all sorts and being found is to be followed by all sorts whence that by allusion to the Priests under the Law yet respecting the time of the Gospell Ezek. 44. 23 24. And the id est the Priests shal teach my People id est Members of Churches whether Civill Rulers or Subjects the difference between the clean and unclean and cause men to discern between clean and unclean And in controversie they shall stand in Iudgement and they shall Iudge it onely with this limitation According to my Iudgements where by Judging he intendeth the Ecclesiasticall Judging which appertaineth to Church-Officers and not a Civill and Politicall Judging which is peculiar to the Civill Magistrate of which more anon Conc. 3. That Civill rulers are to call upon the Ministers of the Churches under their Jurisdiction to expound the whole Counsell of God to their people especially about such matters of Religion or of the Church as they are by Law to Establish Hence that Act of Iehoshaphat sending abroad the Priests and Levites to teach those Cities the mind and Counsell of God what was according or repugnant thereunto before he sent out Civill Judges to deal in their Judiciall way with them concerning matters of that nature 2 Chron 17. 7 8 9. compared with Chapter 19. 4 5 6. Conc. 4. That in all matters of Religion or of the Church the Laws which Civill Authority do establish they must establish them by and with the consent of the people either in themselves or their representatives this strengthning their Politicall Laws that they bind Scientes Volentes As Asah willing to make a binding Capitall Law about Religion by his Authority he summoneth the people with whose consent it is made 2 Chron. 15. 9. He gathered all Judah and Benjamin c. and they decreed that vers 13. That whosoever would not seek the Lord should be slain So Jonah 3. 4. It s said the people believed the Lord and proclaimed a Fast but vers 7. that business of the decree for the Fast is applied to the King as his Act by the consent of the Nobles or chief heads of the people and so representing the people by the light and Law of Nature these Pagan Ninevites learned this to be an orderly way of making such like decrees in such like matters of Religion it self whence also was that course taken in the case of a coercive Law to be made about a business of Religious worship for the matter of it allthough in the form of that worship to be decreed of it were devilish It is to be made by the representative Estates of the Persian Kingdom which being a Kingdom was then to be established by the King Dan. 6. 7 8 9 The rulers of thy Kingdom the Officers and Governors the Counsellors and Dukes have consulted together to make a decree for the King and to establish a Statute that whosoever shall ask a petition of any God or man for thirty dais save of thee O King he shall be cast into the Den of Lions Now O King confirm the decree c. When Iehoshaphat was to make that Order about the particular matter of Religion He consulteth with the people 2 Chron. 20. 21. And When he had consulted with the people he appointed singers unto the Lord and that should praise the beauty of holiness as they went before the Army and to say Praise ye the Lord for his mercy indureth for ever Which may serve to take off that offence of some against politicall Laws to be made this way because it will be a forcing of Christian people in matters of Religion since the Laws which are made that way are virtually and interpretatively made with their own free consent As made either by their own free consent personally if not too great a body to be ordinarily called together in one Assembly or at least by their own free consent in their Representatives where the body of the people eannot ordinarily be called together to debate such matters or express personall consent to the Laws which Civill Authority do make about matters of Religion or of the Church which are in themselves doubtfull and not meerly made so by mens wiles and Satans sleights They must be made with great latitude and tender respects to such as are really and truly tender in conscience even Politicall â—hepheards must not over-drive their Flock and such Lambs would be carried in their armes A fourth instruction from the Premises if Civill Authority are so to restrain and punish such matters then are they in their Politicall way to Judge which things acted by the outward man in cases of Religion are contrary to the word and which are not Else shall they sin in a high degree in censuring Politically that as contrary to the word of which they have no right nor power to determine politically either one way or other Job who was a right godly man Job 1. 1. and a man of chief Civill rule in this Country as chap. 29. 7. he had a chief place in the Gate in the seat of Judgement verse 9 even Princes kept silence when he was to speak He Judicially delivered the Fatherlesse verse 12. Brake the Laws of the wicked verse 17. and verse 25. I chose out or as the Geneva Translation hath it I appointed out their way and sate as a King in an army as the Generall of the Field hath with his Councill of War being the highest Military power chief Military Judgement both what Military Orders to make about the common Souldiery and what courses are most advantageous or disadvantageous to the good of the whole or what acts of the Souldery are to be punished or contrariwise incouraged and what particular rewards or punishments such or such particular facts of the Souldiery deserve in way of subordination and conformity unto the Laws of that higher Civil power whose Military Ministers they are so have highest Civill Authority in religious States the like highest politicall Judgement what acts of the outward man respecting Religion are to be incouraged or discouraged in their subjects and in what way and what orders to make for that end so as in way of general conformity and subordination to the Laws of God and Christ whose Ministers they are and so as may be warranted from the Word of God either expresly or by just consequence Job did not leave every one under his authority to chuse what way themselves pleased or judged the best either in matters of Religion or of Righteousness but he in his authoritative politicall way determined that for them he appointed and chose out their way Nor doth he mention this as any injustice in
Synods also for any hereticall decrees of theirs tending to hurt the State or disturb the Christian societies under his charge and if so then he is in a politicall way to Iudge in matters of Christ and of his Church But the former is true Ergo the latter But is not this to make the Civill Magistrate a Pope Ans No he is by duty tyed to his rule the word and to Iudge according to that Yea but he may erre and the Synod be in the right Ans He may so and so may Ecumenicall Synods erre yet many make them the highest Ecclesiasticall Iudge so here possibility of erring hinders not but that the Civill Magistrate and highest Civil Authority in a State or Commonwealth should be the highest politicall Iudge For standum est in aliquo primo If erring Churches should Ecclesiastically censure godly Rulers for righteous politicall Iudging or censures there is no higher Church Court or Iuridicall Iudge If erring Rulers and highest Civill Courts politically censure the Churches met in their messengers in a Synod for their Godly determinations there or if they censure particular Churches for any righteons censures of offending members at home there is no higher Court or Iudge than the highest in that kind Object The same power that maketh Church Canons must define them and Iudge of them The Synod not the Civill Magistrate maketh Church Canons Ergo the Synod not the Magistrate must define and Iudge of them Ans If this whole argument were granted Yet this hinders not but that the Civill Magistrate may both make Laws about the Church and Church matters in a politicall way and in the like way Iudge of such matters albeit he may make no Laws Formally Ecclesiasticall Nor is his Magistraticall Iudgement as such an Ecclesiasticall Iudgement So that this rather confirmeth the conclusion in hand thus Such as may make politicall Laws about Religion or the Church they may politically also define and Iudge of matters respecting the same but the Civill Magistrate and higher Civill powers may do the former as hath been proved Ergo they may do the latter Object He may say some deny his Civill Sanction to the Synods erring Canons albeit he make no penall Laws that way Ans Even this also suffiseth to make him politicall determiminer and Iudge in such matters yea to make him politicall Iudge of such which dogmatically are the highest Ecclesiasticall Iudges surely he must Iudge the Synods Canons to be erring if he be allowed to deny his Civill Sanction to them as erring Object But the regulated Civill Magistrate being by duty a Member of the Church he hath covenanted subjection to the Church and to the Elders of it Ergo he is bound to own their determinations of things in controversie according to the word else as an offending Brother is he liable to be dealt with in a Church-way Ans It is true supposing they judge according to Christs judgement in the words He that hearreth you beareth me and he that despiseth you despiseth me and so as a covenanted Member Luk. 10. 16. he is bound to hear them and if he by gross contempt of their Counsells when according to Christ do give them offence they may by all good meanes seek to convince such an offending brother and in case he hear not bring it to the Church of which this or that Magistrate is a member and if he hear not the Church he may be cast out of the Church Math. 18. Yet secondly this hindereth not but that that Civill Magistrate is a politicall Judge of others pastorall Judgements whether indeed according to the word before he do establish any conclusions of theirs for Politicall lawes Thirdly Nor doth this warrant any Church to proceed against any Civill Ruler whatsoever for rejecting their erroneous determinations but that it being clavis errans it is an abuse of Church power and bindeth not before God Nor is that What yee bind on earth is bound in heaven verified in the abuse but right use of the power of the keyes whence Christs owning of him whom the Synagogue cast out Joh. 9. 35 Luk. 6. 21 37. 28. 39. Hence a blessing pronounced to some unjustly censured Fourthly Nor doth this hinder but that Civill Authority may and must politically judge of the errors of Synodicall determinations and censure civilly such as make them To shut up all that we would say to what is thus objected In case of a right administration the Civill Magistrate in duty subjecteth his Memberly Judgement to his Pastors ministeriall Judgement but in case of Aberration he may not deliver up to any the supremacy of his Politicall Judgement They herc conclude right who say that neither the Civill Magistrates Politicall Judgement is a certain rule either to Synods or Churches Judgements nor is their Ecclesiasticall Judgement an infallible rule to his Politicall Judgement but the revealed word is the onely infallible rule to both Leaving then to either the supremacy of their severall Judgements to the former Politicall to the latter Ecclesiasticall the Magistrate as a Magistrate cannot define ecclesiastically with reference to Church censures in refusall of such determinations of his the Church as a Church cannot define Politically with reference to Civill rewards and punishments Ob. It may seem that each particular Christian subject is to judge rather what is or what is not according to the word because they are to obey those edicts none are to yield blind obedience to obey this or that Politicall law concerning Religion or the Church as in this or that particular according to God because others Judge so but because himself judgeth so a mans own Judgment is to him his own immediate personal Judge of what he is to act or forbear let every man be fully perswaded in his mind and whatsoever is not of faith is sin And the Contrary Rom. 14. tenent making Civill powers highest earthly Judges what particular things are contrary to the word were a way to open a gap to most bloody persecutions without redress since they may Judge that to be contrary to the word which is not And it were a way to justify the Civill acts and Ecclesiasticall too of Popish governments whereby they have made and executed fiery lawes against the Saints for Heresie as judging it to be Heresie and deserving the Faggot as in the Mariau dayes Ans 1. Be it that a Christian be his own next Judge of what he is to do or not as he is a Christian and in reference to his inward Peace or the breach of it nor is he to pin his personall Judgement of matters of Christ or of his Church upon any others Judgement meerly or chiefly but though he have his particular Iudgement as a private Christian in a Christian way yet that hinders not but that the Civil Magistrate hath his publique Political Judgement in reference to Civill rewards and punishments of what is or is not to be expressed and